Makbool And Meer Azam vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the Case Crime No.752 of 2023, registered at police station Kotwali, Manglore, District Haridwar. Applicants are in judicial custody under Section 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007.

As per First Information Report dated 13.09.2023, informant Sharad Singh, Sub-Inspector, was busy in patrolling duty along with other police personnel. On a secret information, they raided the spot. Four persons were present on the spot. Police party recovered 85 kg. beef, cutting tools and other articles from the spot. Present applicants were arrested.

Heard Mr. Gaurav Singh, learned counsel for the applicants through video conferencing and Mr. M.K. Chand, learned AGA for the State.

Mr. Gaurav Singh, Advocate, submits that the applicant no.1 – Makbool, aged about 65 years and applicant no.2 – Meer Azam have been implicated in the present matter. Nothing was recovered from their possession. The alleged recovery was planted. Applicants have no criminal history. They are permanent residents of District Haridwar, therefore, there is no chance of their absconding.

Learned counsel for the State has opposed the bail application.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, there is no reason to keep the applicants behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicants deserve bail at this stage.

The Bail Application is allowed.

Let the applicants – Makbool and Meer Azam be released on bail on their executing personal bonds and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.